By: Rishima Mall, Red & Black Contributor
JAN. 22 — The pound of the gavel reverberated in Brandon Jackson’s heart, not only in that moment, but for the next 25 years. He had just been sentenced to life-in-prison by ten of the twelve jurors. Had his case been heard in any state other than Louisiana or Oregon, he would have walked out a free man that day.
Why? Why was the opinion of ten jurors adequate to take away Brandon Jackson’s freedom for life when that momentous decision is one that should have been made by the unanimous consensus of all twelve of the jurors?
Ten jurors found Brandon Jackson guilty, while the remaining two jurors found him not guilty, and that sentenced him to life-in-prison.
{At this point anyone who has taken a civics class, can I hear a collective “Say whaat?!”}
So, what happened? The Jim Crow jury happened!
A century prior to his trial, a “law” allowing split verdicts was written into Louisiana’s constitution with the explicit purpose for silencing the voices of Black jurors.
The law was successful in achieving its purpose, the two jurors who voted “not guilty” for Brandon Jackson were Black, and the ten jurors who voted to convict were white. And like Brandon Jackson, 80 percent of the people who are still in prison on the basis of non-unanimous verdicts are Black.
“80 percent of the people who are still in prison on the basis of non-unanimous verdicts are Black.”
While the U.S. Supreme Court recognized the inherent injustice of non-unanimous verdicts (…duh!), ruling them unconstitutional in 2020 (more than a century after they had been written into state constitutions), the Court did not require states to give new trials to the hundreds still behind bars due the decisions made by Jim Crow juries. Huh?
So…the unfair jury system is out, but the people are not?
Brandon Jackson spent another two years in jail following the Supreme Court’s verdict, because the responsibility fell to him, just like it will fall upon the hundreds of imprisoned individuals like him, to convince the State to retry their case.
Our ideal of justice is of one that is meted out “without passion or prejudice” to ensure fairness (Ingraham 2017).
666 people out of every 100,000 are in jail. That solidly ensures the United States’ #1 global rank in the size of its prison population.
White individuals: 450 out of every 100,000 are in jail
Black individuals: 2,306 out of every 100,000 are in jail
Black offenders are 75% more likely to face a charge carrying a mandatory minimum sentence than a White offender who has committed the same crime.
“Black offenders are 75% more likely to face a charge carrying a mandatory minimum sentence than a White offender who has committed the same crime.”
There are thousands of people who continue to be impacted by the Jim Crow juries as they spend yet another day in jail.
Each day they spend behind bars is another day lost…Another day they remain separated from their loved ones who are eagerly waiting for them on the other side. It is another day that a mother goes without embracing her child.
The Promise of Justice Initiative is one of many organizations tirelessly working to vacate the unjust sentences one person, one case at a time. Each individual has the power to bring about change, by choosing to support organizations and causes such as the Promise of Justice Initiative, and the Community Policy Institute in Delaware that advocates for legislation focused on addressing racial and economic injustice.
We cannot afford to forget those individuals who still await justice simply because they are out of our sight. There is a strong need for continuous action and advocacy for those who have been forgotten by our justice system. Each day that justice is delayed is another day that justice is denied.
After so many years of youth lost and moments missed, you ask what difference does it make?
To that I answer…while there are still moments left, each moment matters.
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The following article is an Opinions piece that contains opinions of the writer. Opinions pieces are not always representative of the Red & Black Student Newspaper as a whole.